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Recent Blog Posts
Contempt of Court for Refusing to Comply with a Divorce Order
Divorce settlements often contain orders regarding property division, debt payment, the allocation of parental responsibilities, parenting time, child support, spousal support, and other matters. One concern many people getting a divorce have is whether their soon-to-be ex-spouse will actually comply with the terms contained in the divorce settlement or judgment. It is important to remember that court orders are not optional. If an individual deliberately refuses to follow a court order, including orders related to divorce, he or she can be charged with contempt of court.
Contempt Charges for Failing to Comply with a Property Division Order
When you get divorced, you will be expected to fulfill the obligations specified in your property division order. For example, you may be required to make mortgage payments, pay off a shared credit card, or submit certain property to your former spouse. If you purposely do not follow the directions in your property division order, you may be held in contempt of court. The possible penalties for contempt of court include steep fines and even jail time.
How Should I Tell My Children About the Divorce?
Getting a divorce in any circumstance can be heartbreaking and overwhelming. However, getting divorced when you have children with your spouse can be especially challenging. Many parents worry that ending their marriage will be traumatic for their children. While breaking the news of divorce to children is never a pleasant conversation, there are certain steps parents can take that may minimize the trauma as much as possible.
Have a Family Meeting About the Impending Divorce
Child development experts and mental health professionals generally agree that it is best to break the news of divorce with both parents present. Use the word “we” when explaining the split to the children – even if the divorce was not a mutual decision. When only one parent tells the children about the divorce, it can make the children feel like they have to choose sides. While some families choose to tell the older siblings before the younger siblings, many mental health professionals suggest telling the children all together regardless of their ages. When some children know about the divorce before the others, it leaves them with the unfair burden of keeping a secret.
Considerations When Divorcing an Abusive Spouse
The National Coalition Against Domestic Violence estimates that one in four women and one in nine men have been the victim of violence or stalking at the hands of a romantic partner. Domestic violence affects people of all ages, ethnicities, and income levels. If you have been a victim of domestic violence or abuse at the hands of your spouse, you may be considering divorce. Leaving an abusive spouse takes a tremendous amount of courage. If you are divorcing a spouse who has abused you physically, emotionally, financially, or otherwise, you should know that you do not have to face the divorce process alone. A skilled divorce lawyer can help you with orders of protection, child custody, and child support concerns, property division, and more.
Emergency Orders of Protection
If you are worried that your spouse will react violently when you leave him or her, you may want to obtain an emergency order of protection (EOP), sometimes referred to as a “restraining order.” An EOP is a court order that instructs an abusive spouse or other family member to stay a certain distance away from you, your children, or your workplace or school. EOPs can contain many different types of directions depending on your particular needs. If the abuser violates the terms of the EOP, call the police and he or she will be arrested.
Can Mediation Help Parents Design an Illinois Parenting Plan?
If you are a parent getting divorced in Illinois, you will be required to submit a “parenting plan” or parenting agreement regarding how you intend to care for your children after the divorce. The plan must contain directions for the allocation of parental responsibilities as well as parenting time, or visitation. While some parents take on all of the parental responsibilities, sometimes called having “sole custody,” a shared parenting arrangement is more common. Parents who wish to share parental responsibilities will need to include a parenting time schedule and directions for how child-related duties will be divided between the parents in their Illinois parenting plan. If you and your child’s other parent are struggling to come to an agreement about how to share parental responsibilities and parenting time, mediation may be a way to reach a resolution.
The Benefits of Mediation For Divorcing Parents Who Cannot Agree
Is Legal Separation Right for Me?
Legal separation is one way that a married couple can live apart, manage parenting issues, and isolate their finances from the other spouse without getting divorced. There are a great number of reasons that a couple may choose to get a legal separation. Separation offers many of the same benefits as divorce, but unlike divorce, separation is reversible. Only you can decide whether or not legal separation is right for you. If you do decide to separate, make sure to understand your rights and responsibilities regarding separation under Illinois law.
Why Do Married Couples Become Legally Separated?
In some cases, a couple knows that there are major problems in their marriage, so they separate for a period of time in order to work on these problems independently. Other times, a couple separates because they are not ready for the finality of divorce but they want to live apart and divide their parental responsibilities and finances until they decide if divorce is the next step. Some religions prohibit divorce, so members of those religions who do not want to live with their spouse get a separation in order to gain some of the benefits of divorce without actually ending the marriage. There also may be tax, social security, and health insurance-related advantages to remaining legally married. Legal separation can also be a great way to protect your finances from a spouse you are currently in the process of divorcing.
When Is Spousal Maintenance Awarded in an Illinois Divorce?
Spousal maintenance, also referred to as spousal support or alimony, can help a lesser-earning spouse avoid being at a serious financial disadvantage after getting divorced. When a married couple divorces in Illinois, it is not guaranteed that a spouse will be required to pay spousal maintenance to the other. Whether or not a spouse receives spousal support and the amount and duration of payments are based on a variety of circumstances.
Spouses Can Decide on Alimony Arrangements in a Prenuptial or Postnuptial Agreement
One way that a spouse can receive spousal maintenance is if the spouses have previously signed a prenuptial agreement or postnuptial agreement that dictates what spousal maintenance arrangements will be if the couple divorces. For example, if a spouse plans to sacrifice educational and career opportunities to be a homemaker or stay-at-home-parent, the spouse may want to ensure his or her right to adequate spousal maintenance if the marriage ends. A prenuptial agreement, or “prenup,” allows spouses to make decisions about the amount and duration of maintenance payments in advance. However, it is essential that prenuptial agreements meet the criteria required by Illinois law. If a prenup is signed under duress, contains extremely unfair provisions, or otherwise does not meet the guidelines set forth in the Uniform Premarital Agreement Act (UPAA), it may not be legally enforceable. It is always a good idea to have an experienced family law attorney review any marital agreements to ensure that they are valid.
Issues That Can Make Your Illinois Prenuptial Agreement Non-Enforceable
In a previous blog, we discussed the many benefits that an engaged couple can gain from signing a prenuptial agreement. A prenuptial agreement or “prenup” protects each spouse’s financial interests and dictates how property division and other issues will be managed in the event of divorce. Many couples find that the act of creating the prenuptial agreement itself is also hugely beneficial to their marriage. When spouses understand their financial rights and responsibilities prior to marriage, they may be less likely to get into arguments about money in the future. Prenups must be written in a way that meets Illinois state guidelines. There are many problems that can cause a prenuptial agreement to be declared invalid.
Each Spouse Must Be Transparent About His or Her Finances
A prenuptial agreement must include a full account of each spouse’s property and debt. Before decisions can be made about how property should be divided in the event of divorce, the spouses must fully understand each other’s financial circumstances. If a spouse does not disclose all of his or her property and debt, the decisions made in the prenup will be based on incomplete information. If it is discovered that a spouse was not honest about finances during the creation of the prenuptial agreement, the document may be considered invalid during divorce proceedings. This is just one of many reasons it is so important to have a qualified family law attorney review any prenuptial or premarital agreement you create with a soon-to-be spouse.
How Does an Illinois Order of Protection Work?
Orders of protection, sometimes called restraining orders, are court orders designed to prevent an abusive or harassing individual from further harassing his or her victim. The directions contained in a protection order vary, but many prohibit the person named in the order, the respondent, from contacting or coming within a certain distance of the person who requested the order, called the petitioner. If you or your children are victims of domestic violence, an order of protection may give you the space you need to escape the abusive situation. An order of protection is also a critical step in creating a formal record of the respondent’s harmful actions with the court.
Emergency Orders of Protection Can Be Obtained Without a Hearing
There are three main types of protection orders available in Illinois: an emergency order of protection, interim order of protection, and plenary order of protection. An emergency order of protection (EOP) can be obtained without the respondent’s participation. This is called an 'ex parte' hearing.
How Should Medical Expenses Be Managed with Regard to Child Support?
Illinois courts believe that children have a right to receive financial support from both of their parents- even if those parents are unmarried or divorced. Child support payments can help parents share child-related costs such as tuition, childcare, extracurricular fees, basic necessities, and medical care. While the costs of feeding and clothing your child will likely stay relatively stable throughout his or her childhood, medical expenses can quickly add up to excessive amounts – especially if your child requires ongoing or specialized medical care. Read on to learn about how medical costs are handled under Illinois child support laws.
Special Needs and Extraordinary Medical Costs
Typically, when parents receive a child support order from the court, the order will dictate how routine medical care such as yearly physicals, dental cleanings, and doctor’s visits for minor medical issues are handled. “Extraordinary” medical expenses include out-of-pocket or uninsured medical costs like co-pays, deductibles, or costs associated with major medical interventions like surgery. These costs may not be covered by the child support order you originally received from the court.
How to Establish Paternity in Illinois
When a woman gives birth to a child, she automatically becomes the child’s legal mother. Similarly, when a married woman gives birth, her husband is presumed to be the child’s father. The father will not need to take any additional steps to become the legal parent of his or her child. However, the same is not true for unmarried fathers. An unmarried father must formally establish paternity in order to be the official parent of his child. There are several ways that parents can establish paternity in Illinois.
Voluntary Acknowledgment of Paternity
The easiest and most straightforward way to establish paternity in Illinois is for both parents to sign a Voluntary Acknowledgement of Paternity (VAP). A VAP form is typically available at the hospital after the baby is born. You can also obtain a VAP through the county clerk's office, local registrar of vital records, local Department of Human Services office, or child support services office. A VAP must be signed by both parents, so this option may not work in some situations. If your child’s father does not acknowledge his parentage, he will likely refuse to sign a VAP. In this case, you will need to pursue other avenues for establishing paternity.
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